Immigrationboards.com

Hi,

Here's the situation. Currently I am ILR holder, just applied for my naturalisation today and will subsequently be getting a British Passport (fingers crossed). Have a kid who is british citizen by birth (through me) already got the passport.

Wife is currently EU citizen (Latvian) and has pre-settled status.

In post-brexit situation, should we decide to move out of the UK and go to some other country without wife's naturalisation/British passport and only the EU passport, we should be fine moving to another EU country.

Here's the question, should we decide to move back to UK, me and my kid will be allowed but would my wife be allowed back into UK? (She will have settled status by then but no ILR, no naturalisation and not british citizen). Would she be treated the same way as a non-EEA, non-eu citizen even though she is married to a british citizen, has a british kid and has settled status and property, bank account etc. in her name in the UK?

Settled status allows for absences of up to five years at a time.

So, provided that your wife has settled status and provided the absence is not longer than five years, she will be allowed back in.

secret.simon wrote: ↑

Sat Jan 11, 2020 11:33 am

Settled status allows for absences of up to five years at a time.

So, provided that your wife has settled status and provided the absence is not longer than five years, she will be allowed back in.

And, unlike normal ILR, visits to the UK restart the 5 year clock - at least, according to the Withdrawal Agreement. Incidentally, settled status under the EU settlement scheme is a privileged form of ILR, though not as privileged as what British nationals who are not British citizens may have.